§ 76h. — Board of Trustees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC76h]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER V--JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
Sec. 76h. Board of Trustees
(a) Establishment
(1) In general
There is established in the Smithsonian Institution a bureau,
which shall be directed by a board to be known as the Trustees of
the John F. Kennedy Center for the Performing Arts (hereafter in
this subchapter referred to as the ``Board''), whose duty it shall
be to maintain and administer the John F. Kennedy Center for the
Performing Arts and site thereof as the National Center for the
Performing Arts, a living memorial to John Fitzgerald Kennedy, and
to execute such other functions as are vested in the Board by this
subchapter.
(2) Membership
The Board shall be composed of--
(A) the Secretary of Health and Human Services;
(B) the Librarian of Congress;
(C) the Secretary of State;
(D) the Chairman of the Commission of Fine Arts;
(E) the Mayor of the District of Columbia;
(F) the Superintendent of Schools of the District of
Columbia;
(G) the Director of the National Park Service;
(H) the Secretary of Education;
(I) the Secretary of the Smithsonian Institution;
(J)(i) the Speaker and the Minority Leader of the House of
Representatives;
(ii) the chairman and ranking minority member of the
Committee on Public Works and Transportation of the House of
Representatives; and
(iii) three additional Members of the House of
Representatives appointed by the Speaker of the House of
Representatives;
(K)(i) the Majority Leader and the Minority Leader of the
Senate;
(ii) the chairman and ranking minority member of the
Committee on Environment and Public Works of the Senate; and
(iii) three additional Members of the Senate appointed by
the President of the Senate; and
(L) thirty-six general trustees, who shall be citizens of
the United States, to be appointed in accordance with subsection
(b) of this section.
(b) General trustees
The general trustees shall be appointed by the President of the
United States. Each trustee shall hold office as a member of the Board
for a term of 6 years, except that--
(1) any member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of the member was
appointed shall be appointed for the remainder of the term;
(2) a member shall continue to serve until the successor of the
member has been appointed; and
(3) the term of office of a member appointed before July 21,
1994, shall expire as designated at the time of appointment.
(c) Advisory Committee on the Arts
There shall be an Advisory Committee on the Arts composed of such
members as the President of the United States may designate, to serve at
the pleasure of the President. Persons appointed to the Advisory
Committee on the Arts, including officers or employees of the United
States, shall be persons who are recognized for their knowledge of, or
experience or interest in, one or more of the arts in the fields covered
by the John F. Kennedy Center for the Performing Arts. The President
shall designate the Chairman of the Advisory Committee on the Arts. In
making such appointments the President shall give consideration to such
recommendations as may from time to time be submitted to him by leading
national organizations in the appropriate art fields. The Advisory
Committee on the Arts shall advise and consult with the Board and make
recommendations to the Board regarding existing and prospective cultural
activities to be carried out by the John F. Kennedy Center for the
Performing Arts. The Advisory Committee on the Arts shall assist the
Board in carrying out section 76k(a) of this title. Members of the
Advisory Committee on the Arts shall serve without compensation.
(Pub. L. 85-874, Sec. 2, Sept. 2, 1958, 72 Stat. 1698; Pub. L. 88-100,
Secs. 1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, Sec. 1(2), Jan.
23, 1964, 78 Stat. 4; Pub. L. 103-279, Sec. 2(b)(1), (c), (d), July 21,
1994, 108 Stat. 1409, 1410; Pub. L. 107-117, div. D, title II,
Sec. 201(a), Jan. 10, 2002, 115 Stat. 2353.)
Amendments
2002--Subsec. (a). Pub. L. 107-117 designated existing provisions as
par. (1), inserted par. heading, struck out ``hereby'' before
``established'', struck out second sentence, and added par. (2). Prior
to amendment, second sentence read as follows: ``The Board shall be
composed as follows: The Secretary of Health and Human Services, the
Librarian of Congress, the Director of the United States Information
Agency, the Chairman of the Commission of Fine Arts, the Mayor of the
District of Columbia, the Superintendent of Schools of the District of
Columbia, the Director of the National Park Service, the Secretary of
Education, the Secretary of the Smithsonian Institution, the chairman
and ranking minority member of the Committee on Public Works and
Transportation of the House of Representatives and 3 additional Members
of the House of Representatives appointed by the Speaker of the House of
Representatives, and the chairman and ranking minority member of the
Committee on Environment and Public Works of the Senate and 3 additional
Members of the Senate appointed by the President of the Senate ex
officio; and thirty general trustees who shall be citizens of the United
States, to be chosen as hereinafter provided.''
1994--Pub. L. 103-279, Sec. 2(b)(1)(A), substituted section
catchline for former section catchline.
Subsec. (a). Pub. L. 103-279, Sec. 2(b)(1)(A), inserted heading, in
first sentence inserted ``as the National Center for the Performing
Arts, a living memorial to John Fitzgerald Kennedy,'' after ``and site
thereof'', and in second sentence substituted ``Superintendent of
Schools of the District of Columbia'' for ``Chairman of the District of
Columbia Recreation Board'' and ``the chairman and ranking minority
member of the Committee on Public Works and Transportation of the House
of Representatives and 3 additional Members of the House of
Representatives appointed by the Speaker of the House of
Representatives, and the chairman and ranking minority member of the
Committee on Environment and Public Works of the Senate and 3 additional
Members of the Senate appointed by the President of the Senate'' for
``three Members of the Senate appointed by the President of the Senate,
and three Members of the House of Representatives appointed by the
Speaker of the House of Representatives''.
Subsec. (b). Pub. L. 103-279, Sec. 2(c), inserted heading and
amended text generally. Prior to amendment, text read as follows: ``The
general trustees shall be appointed by the President of the United
States and each such trustee shall hold office as a member of the Board
for a term of ten years, except that (1) any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such
term, (2) the terms of any members appointed prior to August 19, 1963,
shall expire as designated by the President at the time of appointment,
and (3) the terms of the first fifteen members appointed to the Board
pursuant to the amendments made by the National Cultural Center
Amendments Act of 1963 shall expire, as designated by the President at
the time of appointment, three on September 1, 1964, three on September
1, 1966, three on September 1, 1968, three on September 1, 1970, and
three on September 1, 1972.''
Subsec. (c). Pub. L. 103-279, Sec. 2(d), inserted heading, inserted
``of the United States'' before ``may designate'' in first sentence,
substituted ``carried out by the John'' for ``carried on in the John''
in fifth sentence, and struck out before period at end of last sentence
``, but each member of such Committee shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by him in connection
with the work of such Committee''.
1964--Subsecs. (a), (c). Pub. L. 88-260 substituted ``John F.
Kennedy Center for the Performing Arts'' for ``National Cultural
Center'' wherever appearing.
1963--Subsec. (a). Pub. L. 88-100, Sec. 1, substituted ``thirty''
for ``fifteen'' after ``ex officio; and''.
Subsec. (b). Pub. L. 88-100, Sec. 2, inserted provisions governing
the terms of the additional fifteen general trustees added to the Board
by section 1 of Pub. L. 88-100.
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
Effective Date of 1994 Amendment
Section 2(b)(2) of Pub. L. 103-279 provided that:
``(A) Superintendent of schools of the district of columbia.--The
amendment made by paragraph (1)(C)(i) [amending this section] shall take
effect on the date of expiration of the term of the Chairman of the
District of Columbia Recreation Board serving as a trustee of the John
F. Kennedy Center for the Performing Arts on the date of enactment of
this Act [July 21, 1994].
``(B) Members of congress.--The amendment made by paragraph
(1)(C)(ii) [amending this section] shall take effect on the date of
enactment of this Act.''
Short Title of 2002 Amendment
Pub. L. 107-224, Sec. 1, Sept. 18, 2002, 116 Stat. 1340, provided
that: ``This Act [enacting section 76q-1 of this title and amending
sections 76j, 76r, and 76s of this title] may be cited as the `John F.
Kennedy Center Plaza Authorization Act of 2002'.''
Short Title of 1998 Amendment
Pub. L. 105-226, Sec. 1, Aug. 12, 1998, 112 Stat. 1513, provided
that: ``This Act [amending sections 76j, 76l, and 76r of this title] may
be cited as the `John F. Kennedy Center for the Performing Arts
Authorization Act of 1998'.''
Short Title of 1997 Amendment
Pub. L. 105-95, Sec. 1, Nov. 19, 1997, 111 Stat. 2148, provided
that: ``This Act [amending sections 76i to 76k and 76s of this title and
section 193v of former Title 40, Public Buildings, Property, and Works]
may be cited as the `John F. Kennedy Center Parking Improvement Act of
1997'.''
Short Title of 1994 Amendment
Section 1 of Pub. L. 103-279 provided that: ``This Act [enacting
sections 76r and 76s of this title, amending this section, sections 76j,
76k, 76l, and 76p of this title, and sections 193r, 193u, and 193v of
former Title 40, Public Buildings, Property, and Works, enacting
provisions set out as notes under this section, and amending provisions
set out as a note under this section] may be cited as the `John F.
Kennedy Center Act Amendments of 1994'.''
Short Title of 1984 Amendment
Pub. L. 98-473, title I, Sec. 101(c), Oct. 12, 1984, 98 Stat. 1837,
1876, provided that: ``The following [amending section 76o of this
title] may be cited as `The John F. Kennedy Center Act Amendments of
1984'.''
Short Title of 1963 Amendment
Section 5 of Pub. L. 88-100 provided that: ``This Act [amending this
section and sections 76l and 76m of this title] may be cited as the
`National Cultural Center Amendments Act of 1963'.''
Short Title
Section 1(a), formerly Sec. 1, of Pub. L. 85-874, as amended by Pub.
L. 88-260, Sec. 1(1), Jan. 23, 1964, 78 Stat. 4; redesignated Sec. 1(a),
Pub. L. 103-279, Sec. 2(a)(1), July 21, 1994, 108 Stat. 1409, provided
that: ``This Act [enacting this subchapter] may be cited as the `John F.
Kennedy Center Act'.''
Terms of Office for New General Trustees
Pub. L. 107-117, div. D, title II, Sec. 201(b), Jan. 10, 2002, 115
Stat. 2354, provided that: ``Section 2(b) of the John F. Kennedy Center
Act (20 U.S.C. 76h(b)) shall apply to each general trustee of the John
F. Kennedy Center for the Performing Arts whose position is established
by the amendment made by subsection (a)(2) [amending this section]
(referred to in this subsection as a `new general trustee'), except that
the initial term of office of each new general trustee shall--
``(1) commence on the date on which the new general trustee is
appointed by the President; and
``(2) terminate on September 1, 2007.''
National Cultural Center; Designation or References
Section 2 of Pub. L. 88-260 provided that: ``In addition to the
amendments made by the first section of this Act [enacting sections 76n
to 76q, and amending sections 76h to 76q of this title], any designation
or reference to the National Cultural Center in any other law, map,
regulation, document, record, or other paper of the United States shall
be held to designate or refer to such Center as the John F. Kennedy
Center for the Performing Arts.''
Congressional Findings
Section 1(b) of Pub. L. 85-874, as added by Pub. L. 103-279,
Sec. 2(a)(2), July 21, 1994, 108 Stat. 1409, provided that: ``Congress
finds that--
``(1) the late John Fitzgerald Kennedy served with distinction
as President of the United States and as a Member of the Senate and
the House of Representatives;
``(2) by the untimely death of John Fitzgerald Kennedy the
United States and the world have suffered a great loss;
``(3) the late John Fitzgerald Kennedy was particularly devoted
to education and cultural understanding and the advancement of the
performing arts;
``(4) it is fitting and proper that a living institution of the
performing arts, designated as the National Center for the
Performing Arts, named in the memory and honor of this great leader,
shall serve as the sole national monument to his memory within the
District of Columbia and its environs;
``(5) such a living memorial serves all of the people of the
United States by preserving, fostering, and transmitting the
performing arts traditions of the people of the United States and
other countries by producing and presenting music, opera, theater,
dance, and other performing arts; and
``(6) such a living memorial should be housed in the John F.
Kennedy Center for the Performing Arts, located in the District of
Columbia.''
